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HomeMy WebLinkAboutFinance & Admin - 1993-08-16FAC\1993-08-16 FINANCE AND ADMINISTRATION COMMITTEE MINUTES AUGUST 16, 1993 The Finance and Administration Committee met this date, commencing at 11:00 a.m., under the Chairmanship of Alderman B. Stortz with the following members present: Mayor D.V. Cardillo, Aldermen T. Galloway, G. Lorentz, J. Smola, M. Wagner and J. Ziegler. Alderman C. Weylie was in attendance for part of the meeting. Others present: Messrs. T. McKay, J. Gazzola, S. Gyorffy, F.S. Graham, R. Freeborn, G. Sosnoski, J. Egers, J. Hancock, Mrs. J. Koppeser and Ms. G. Meyer. 1. DELEGATION - BINGO LICENCE APPLICATION (ELORA FESTIVAL) The Committee was in receipt of a report from Mrs. J. Koppeser dated July 20, 1993 outlining the request and the City's current policy regarding the licensing of organizations from outside the municipality. Mr. Michael Grit appeared on behalf of the Elora Festival and in support of their request for permission to hold bingos in the City. Mr. Grit circulated a presentation brief and outlined the purpose and activities of the Festival. He advised that any revenues generated in Kitchener would be spent in the City. In response to a question from Alderman G. Lorentz, Mr. Grit stated that his organization had been turned down by the City of Guelph on the basis that it does not have an office in that City. Alderman Lorentz advised that Kitchener has a similar policy, noting that the municipality has a responsibility toward its own charities. On a motion by Alderman J. Ziegler - It was resolved: "That no action be taken on the request of the Elora Festival for permission to hold bingos in the City of Kitchener." Alderman Stortz advised those present that the recommendation would be considered by City Council on August 23, 1993. 2. DELEGATION - LIABILITY CLAIM (15 WILKINS DRIVE) The Committee was in receipt of various items of correspondence relative to a claim filed by Mr. J. Crawford. Mr. Crawford provided a synopsis of the events surrounding a storm in early November of 1992 which resulted in flooding of the basement area of his home. He explained that though there have been severe rain storms in the past there have been no previous flooding problems. He referred to work undertaken by a Church on the same street and subsequent erosion which deposited silt in the storm water system. Mr. Crawford explained that he has retained a consulting engineer who is of the opinion that drainage problems are a result of the street layout and related difficulties. He circulated photos of the property at 15 Wilkins Drive and the adjacent roadway. Mayor Cardillo pointed out that to date the City has received no statement of claim and Mr. Crawford replied that if Council acknowledges responsibility, he will obtain the necessary estimates for remedial work. Alderman Galloway stated that he has personally witnessed the erosion referred to by Mr. Crawford and the resulting silt deposit in the storm drains. Mr. Gyorffy indicated that he is at a loss to explain why the flooding occurred, noting that the services were inspected and no blockage was found, nor has the City received any calls relative to flooding problems. He added that two separate systems are involved and Mr. Crawford's property is not connected to the storm sewer. He acknowledged that there has been work undertaken on the street as a result of watermain breakage, however, the service connection to the Crawford residence was checked and no problems were found. FINANCE AND ADMINISTRATION COMMITTEE MINUTES- 59 -AUGUST 16, 1993 2. DELEGATION - LIABILITY CLAIM (15 WILKINS DRIVE) (cont.) Mr. Crawford verified that the water which flooded his basement entered the house via the floor drain and had a foul smell. Alderman Ziegler suggested that the claim be quantified and the cost of remedial actions determined before the matter is considered further by the Finance and Administration Committee. He noted that in the past the municipality has paid only 50% of claims where responsibility by the City is acknowledged. Moved by Alderman J. Ziegler - "That with respect to his claim for damages to the property known municipally as 15 Wilkins Drive, the owner quantify the claim and provide information as to the cost of remedial actions for further consideration at the September 20, 1993 meeting of the Finance and Administration Committee." Mr. McKay advised that it is clear the City has no liability in this instance as no problem was detected in the municipal system and there is no evidence of flooding elsewhere on the street. Alderman Ziegler noted that the City may not accept liability, however, additional information is required. Mr. McKay replied that save and except the cost of remedial action all available information has already been submitted by staff. The motion by Alderman J. Ziegler to obtain additional cost information was voted on and . CARRIED 3. DELEGATION - OUTDOOR PATIO REQUEST (DANDY'S RESTAURANT) The Committee was in receipt of a letter from Mr. G. Bardouniotis dated August 9, 1993 requesting permission to operate an outdoor patio at 85 King Street East on September 17, 18, and 19, 1993. Mr. E. Dyck was in attendance in support of the request. On a motion by Mayor D.V. Cardillo - It was resolved: "That subject to the applicant meeting all requirements of the municipality and the Kitchener Downtown Business Association, the City has no objection to the operation of an outdoor patio by Dandy's Restaurant during the period September 17, 18 and 19, 1993 as outlined in the written submission and diagram from Mr. G. Bardouniotis dated August 9, 1993." 4. DELEGATION - DOWNTOWN REVITALIZATION PLAN The Committee was in receipt of a memorandum from Ms. G. Redgwell dated August 11, 1993 containing a resolution put forward by the Downtown Action Committee. Mr. J. Connolly appeared on behalf of a coalition of downtown businesses and read from a prepared statement. He acknowledged the previous commitments made by the City in the area of downtown revitalization but pointed out that the situation of retailers in the core has reached crisis proportions. He referred to numerous vacancies and the loss of over 200 businesses. Mr. Connolly suggested that the problem of small businesses in the City is far deeper than the recession since similar businesses in other communities have not been affected in the same way. He suggested the creation of an Implementation Task Force representing a broad range of interests and involvement in the downtown. He suggested that Council vote directly on the Task Force findings in order to adopt a long term strategy for renewal. 4. DELEGATION - DOWNTOWN REVITALIZATION PLAN (cont.) FINANCE AND ADMINISTRATION COMMITTEE MINUTES- 60 -AUGUST 16, 1993 In response to a question from Alderman Lorentz, Mr. Connolly expressed the opinion that the situation in Kitchener differs from other municipalities who have reversed the deterioration in the downtown core, perhaps due to better policing, lower taxes and other reasons. He stated that this erosion process must be addressed and characterized the presentation this date as a cry for help. Mr. Connolly pointed out that the business community feels the money spent to date in the downtown has been insufficient and is requesting that the City set an agenda to address the problem. Alderman Stortz indicated his support for the proposed initiative, adding that the assistance of a downtown urbanist or other specialist in this area is required. He advised that V. Gibaut has indicated funds are available in the approved Economic Development budget and asked for a recommendation directing staff to begin setting up an appropriate process. Alderman Wagner questioned whether now is the time to undertake such an initiative in light the upcoming downtown conference and a proposed September meeting to address the City's visioning process. He stressed that there are a variety of issues at stake including those relative to planning and culture. Alderman Lorentz put forward a motion to approve the retention of professional resources in the development of a Revitalization Plan using existing budget funds. Alderman Lorentz expressed support for immediate action and the approach suggested by Mr. Connolly. Alderman Ziegler indicated he would not support the initiative as it is premature at this time given other developments in the downtown. Mr. Connolly informed the Committee that he is aware of approximately 80 businesses which are planning to leave the downtown within the next year and that immediate steps are necessary including those which would address the morale of the downtown merchants. Alderman Ziegler pointed out that business vacancies are prevalent in other areas of the City and it is inappropriate to limit study of a community wide problem to the downtown area. On a motion by Alderman G. Lorentz - It was resolved: "That Council endorse the retention of professional resources to assist in the development of a Revitalization Plan for Downtown Kitchener, with any necessary funding to be drawn from existing, approved budgets." 5. COUNCIL PERMISSION - CHARITY FUN FAIR The Committee was in receipt of a report from Mrs. J. Koppeser dated August 10, 1993 and a letter from the owner of the Jester's Court Restaurant (Victoria Park) requesting permission to hold a fair on the playing field at Victoria Park on Saturday, September 4, 1993. The report outlined several related licensing and legal issues. Mr. Graham pointed out that the information received was not entirely accurate and that the applicant is seeking licensing relief only. Mrs. Koppeser replied that her report was drafted to incorporate all changes made by the applicant and that all aspects of the request were confirmed with the exception of extended hours of operation for the restaurant. On a motion by Alderman M. Wagner - It was resolved: "That Council grant the request of Ms. S. Biers (Jester's Court Restaurant) to hold a Charity Fun Fair on the playing field at Victoria Park on Saturday, September 4, 1993, and, 5. COUNCIL PERMISSION - CHARITY FUN FAIR (cont.) That the licence fee relative to the operation of a Chip Wagon be waived and the requester granted permission to relocate her two food carts to the playing field for this event, and, That notwithstanding a prior Agreement, the applicant be allowed to operate FINANCE AND ADMINISTRATION COMMITTEE MINUTES- 61 -AUGUST 16, 1993 the Boathouse Restaurant and the Picnic Booth Concession until 1:00 a.m. the night of the event, and further, That relative to Chapter 405 (Animals At Large) of the Municipal Code, the requester insure that any ponies used as part of the event be kept under leash (not longer than eight feet) and under the control of an adult person." 6. EMPLOYMENT EQUITY REVIEW COMMITTEE REPORT - FIREFIGHTER HIRING PROCESS The Committee was in receipt of the final report and recommendations dated August 11, 1993. They were also in receipt of a Minority Report from Mr. P. Fernandez dated July, 1992 and entitled "Not Fair Enough". In his capacity as Employment Equity Committee Chairman, Alderman Galloway presented the report, highlighting several key elements. He referred to the Committee membership and introduced the following who were in attendance this date: Ms. K. Smola (Vice-Chairman); Mr. J. Egers (Kitchener Professional Firefighters' Association); Mr. P. Fernandez (K-W Race Relations Committee); Alderman J. Ziegler; Mr. R. Freeborn; Fire Chief J. Hancock and Ms. G. Meyer. Alderman Galloway stressed that the Committee's mandate was to review the firefighter recruitment process and not to deal with a comprehensive approach to employment equity. He then reviewed the report components and related recommendations. Mr. Fernandez addressed the Committee noting the need for a formal job description relative to the firefighter position. He stated his agreement with the majority of Committee recommendations, but expressed concern over the use of non-job related criteria to eliminate candidates. He suggested that a staff report address alternatives and the cost of alternate testing. Mr. Fernandez pointed out that the use non-job related criteria to determine advancement constitutes a systemic barrier. He also referred to the necessity of clearly defining employment equity principles, which at present is being left to the Interview Committee. He also suggested that the City more clearly outline its Employment Equity Policy. Mr. Fernandez added that the interviews should be based on job related criteria, a definition of which is essential. Mr. Freeborn also expressed concern that the report before the Committee this date does not specify the City's employment equity goals, a detailed understanding of which is required by staff in order to administer the program. He also referred to potential problems which the proposed legislation would create in regard to a requirement that the workforce mirror the population profile. Mr. Fernandez suggested that Federal legislation as well as the Police Services Act could provide guidance in identifying employment equity goals. Alderman Galloway clarified that the Committee recommendations are based on existing legislation and guidelines and that the Committee was not struck to deal with the overall employment equity policies of the City, but rather practices as they relate to the firefighter hiring process. In response to Mr. Fernandez's comment concerning the use of non-job related criteria, Alderman Galloway advised that no one is pleased with the aptitude test but in the absence of any knowledge based testing it will have to suffice. He also referred to the cost to the municipality of physical and medical tests in the event all individuals receiving a passing grade were automatically advanced to this stage. 6. EMPLOYMENT EQUITY REVIEW COMMITTEE REPORT - FIREFIGHTER HIRING PROCESS (cont.) Mr. Fernandez repeated his earlier request for a report outlining alternatives and related costs. He suggested that the recommendation before the Committee this date may limit the applicant pool which is not advisable given the magnitude of expenditure made by the City over the career of a firefighter. Mr. Freeborn responded that any report of this type would be purely speculative as the costs would depend on the number of applications received. He referred to the $165.00 per applicant cost of testing and the logistical difficulties of interviewing 100 to 150 applicants. Mr. Fernandez clarified that the individuals sent for physical and medical testing would be only those who are placed on the recruitment list. FINANCE AND ADMINISTRATION COMMITTEE MINUTES- 62 -AUGUST 16, 1993 Alderman Galloway put forward a motion to adopt and implement the recommendations of the Employment Equity Review Committee and to request development of a standardized educational program as an entry qualification to the firefighting profession. Mayor Cardillo drew the Committee's attention to the revised recommendations cited in Mr. Fernandez's Minority Report. Alderman Ziegler offered the opinion that Mr. Fernandez had an opportunity to discuss these at the Committee level and that it was inappropriate to bring forward amendments outside of the Committee process. He suggested that one option would be to return the entire report for further consideration. Alderman Galloway advised that the Committee has dealt with all of the issues in the Minority Report and that there is no need to refer the report back to the Committee proper. Mayor Cardillo put forward a motion to amend the Committee recommendations in accordance with Recommendations B-2 and B-3 on page 2 of the Minority Report dated July, 1992. He then asked that the above recommendations be dealt with separately. Alderman Galloway stated that Recommendation B-3 is beyond the mandate of the Employment Equity Committee and should not be part of the report. He also indicated his unwillingness to accept B-2 as the Committee stands by its original recommendation. Moved by Mayor D.V. Cardillo - "That Step 7-4 (Interview) of the Employment Equity Review Committee Report be amended to include the following: 'the interview committee, working on a consensual basis, will pass or fail candidates, for the job of firefighter'." MOTION LOST Moved by Mayor D.V. Cardillo - "That Step 8-1 (Selection) of the Employment Equity Review Committee Report be amended to include the following: 'the placement of candidates, on the hiring list, will be based upon employment equity principles, as defined by Kitchener City Council'." MOTION LOST The Committee then considered the main motion to adopt the recommendations of the Employment Equity Review Committee. Mr. McKay indicated that the second part of the first recommendation should include "subject to budgeting requirements". He added that this arises from a concern over formation of a volunteer auxiliary. Alderman Galloway stated that the associated costs will be recognized and Alderman Ziegler suggested that this item should become part of the budgetary process in order to allocate funds accordingly. Mr. McKay suggested that budgeting be dealt with in a manner similar to the Environmental Strategy Report. He added that the Fire and Administrative Services Departments will review all recommendations relative to their respective budgets. 6. EMPLOYMENT EQUITY REVIEW COMMITTEE REPORT - FIREFIGHTER HIRING PROCESS (cont.) On a motion by Alderman T. Galloway - It was resolved: "That the Employment Equity Review Committee report dated August 11, 1993 be accepted and staff directed to implement its various recommendations, and further, That the City of Kitchener request that the Ontario Fire Marshall's Office develop a standardized educational program at the Community College level as an entry qualification to the firefighting profession." 7. BREAKFAST BINGOS FINANCE AND ADMINISTRATION COMMITTEE MINUTES- 63 -AUGUST 16, 1993 The Committee was in receipt of a report from Mrs. J. Koppeser dated August 6, 1993 recommending a six (6) month trial period. On a motion by Alderman J. Ziegler - It was resolved: "That "Breakfast Bingos" be allowed for a trial period of six (6) months subject to the game formats being approved by the Provincial Lotteries Branch and the City of Kitchener Licensing Division, and further, That following the six (6) month trial period, the Manager of Licensing review "Breakfast Bingos" and report to the Finance and Administration Committee with recommendations as to whether they should be continued." 8. MUNICIPAL PENALTY AND INTEREST RATE CHARGES The Committee was in receipt of a letter from Alderman C. Zehr dated July 27, 1993 outlining his thoughts regarding the penalty rate. This item was referred to the Finance and Administration Committee by Council on July 12, 1993 with direction to review the current City procedure and determine a policy which would base the interest rate penalty on established criteria. It was generally agreed that this item would be deferred to the September 20, 1993 meeting to allow Alderman Zehr to attend. 9. OFFER TO PURCHASE - REVENUE BUILDING The Committee was in receipt of a report from Mr. T. McKay dated July 30, 1993 recommending acceptance of an offer to purchase the premises at 59 Frederick Street. Alderman Ziegler questioned how the proceeds of the sale would be used and Mr. McKay confirmed that all funds from the sale of property would be allocated to the new City Hall. On a motion by Alderman J. Ziegler - It was resolved: "That the Mayor and Clerk be authorized to execute the Agreement of Purchase and Sale dated August 11, 1993, to sell Part of Lot 1, C. Eby's Survey, Register Plan 364 known municipally as 59 Frederick Street (Revenue Building) to Wolfgang Reischl at the purchase price of $900,000.00, and further, That the Mayor and Clerk be authorized to execute any further documentation as required by the City Solicitor to complete the transaction." 10. FARM TAX REBATE The Committee received as information the report of Mr. J. Gazzola dated July 23, 1993 and correspondence from the Ministry of Agriculture and Food. 11. ASSESSMENT VALUE - GOLF COURSE LANDS The Committee was in receipt of a motion submitted by Alderman J. Ziegler at the July 12, 1993 Council meeting concerning an initiative to rescind the relevant legislation and allow municipalities to terminate existing agreements. Aldermen M. Wagner, G. Lorentz and J. Smola indicated their support. On a motion by Alderman J. Ziegler - It was resolved: "WHEREAS Section 23 of the Assessment Act was developed by the Province of Ontario to freeze the assessment value of golf course lands over 20 years ago when the economy was more buoyant, when municipal taxation was less onerous, and the deficit non-existent, and, FINANCE AND ADMINISTRATION COMMITTEE MINUTES- 64 -AUGUST 16, 1993 WHEREAS fair market value assessment is designed to take land values into account based on use, zoning and other factors, and notwithstanding some inherent difficulties in its actual implementation, it should offer sufficient protection to golf courses from unreasonable assessment values and correspondingly high municipal taxes which would otherwise make golf courses financially unfeasible, and, WHEREAS the exempting of special interest groups from municipal taxation weakens the tax base and makes it harder for individual taxpayers to accept their tax burden, THEREFORE BE IT RESOLVED that the Council of the Corporation of the City of Kitchener hereby: a)Petitions the Province of Ontario to rescind the legislation which allows for the exemption or freezing of municipal taxes for golf courses, and further, b)Requests legislation to allow the City of Kitchener and all municipalities in Ontario to terminate existing agreements with provision to negotiate a phase-in over a five year period of the taxes which hitherto have been exempt or frozen, in order to permit the golf courses to develop a fee structure to accommodate the increased taxes." 12. RELEASE OF SURVEY DOCUMENTS The Committee was in receipt of a report from Mr. G. Sosnoski dated August 9, 1993 recommending a further delegation of authority under the Municipal Freedom of Information and Protection of Privacy Act. On a motion by Alderman J. Smola - It was resolved: "That pursuant to the Municipal Freedom of Information and Protection of Privacy Act and effective August 23, 1993, City Council further delegate to the Senior Zoning Officer or his delegate the following powers and duties relative to survey documents only; clarifying access requests; issuing notices regarding access to records; and granting access to original records in response to written requests." 13. MUNICIPAL CODE AMENDMENT - COUNCIL PROCEDURE The Committee was in receipt of a memorandum from Mr. R.W. Pritchard dated July 30, 1993 recommending an amendment to Chapter 25 of the Municipal Code. 13. MUNICIPAL CODE AMENDMENT - COUNCIL PROCEDURE (cont.) On a motion by Alderman J. Ziegler - It was resolved: "That clause 25.7.13 (b) of Chapter 25 of the City of Kitchener Municipal Code be repealed and the following be substituted therefor: 25.7.13 (b)be tabled at a Council meeting preceding the date on which the matter will be introduced; or, will be received by the Clerk in sufficient time for it to be processed under clause (c)." 14. DRAFT POLICY - HIV DISEASE The Committee was in receipt of a report and draft policy from Mr. D. Paterson dated August 16, 1993 concerning the City's position on staff with HIV disease. FINANCE AND ADMINISTRATION COMMITTEE MINUTES- 65 -AUGUST 16, 1993 On a motion by Alderman J. Ziegler - It was resolved: "That Council adopt the HIV Disease Policy appended to the report of Mr. D. Paterson dated August 16, 1993." 15. 1994 MUNICIPAL GRANTS The Committee was in receipt of a letter from Alderman C. Zehr dated July 23, 1993 and a draft letter to organizations who received grants in 1993 concerning the financial impact on the municipality of recent Provincial budgeting initiatives. Alderman Ziegler expressed concern over wording of the first paragraph as this would likely be misunderstood by recipients. The Committee generally agreed with the suggestion of Mr. McKay that the entire second sentence of the first paragraph be deleted. 16. BINGOS - DOWNTOWN CLUB The Committee received as information a report from Mr. L. Parkhouse dated August 11, 1993 in response to direction previously given by Council relative to violations of the Bingo Terms and Conditions. 17. ADDENDUM - ENVIROFUND KITCHENER INC. The Committee was in receipt of a report from Mr. J. Wallace dated August 12, 1993 following a review of the above initiative by Management Committee. It was generally agreed that consideration of this item would be deferred to the September 20, 1993 meeting of the Finance and Administration Committee. Alderman Wagner suggested that this item be given a significant time allocation. 18. OTHER BUSINESS - COUNCIL POLICY II-19 (HIRING - NOTICE OF JOB VACANCY) Copies of the Policy dated December 17, 1990 were circulated this date. Mr. McKay referred to the need, given downsizing of the organization and the requirements of the Social Contract, to temporarily hold the Policy in abeyance. On a motion by Alderman G. Lorentz - It was resolved: "That for the purposes of the Social Contract only Council hold in abeyance its Policy No. II-19 relative to hiring and notice of job vacancy." 19. NEXT MEETING The next regularly scheduled meeting of the Finance and Administration Committee will be held on . Monday, September 20, 1993 20. ADJOURNMENT The regular meeting adjourned at 1:05 p.m. and the Committee resolved itself into caucus to consider the balance of its agenda. FINANCE AND ADMINISTRATION COMMITTEE MINUTES- 66 -AUGUST 16, 1993 _________________________________ G. Sosnoski Manager of Corporate Records/Assistant City Clerk